This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.
Michigan Judgment by Default - B 261B
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FAQ
You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case. If you were not personally served with the summons and complaint and did not learn about the case until after the default judgment was entered, the 21-day limit does not apply.
Small Claims provides a forum for resolving money disputes up to $6,500. In small claims cases, the parties represent themselves and can not be represented by an attorney. The case will be heard by a judge. The judge's decision is final and cannot be appealed.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
NOTE: Default can be entered by a district court clerk without the request of a party. The default of the party named above for failure to plead or otherwise defend is entered.
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
The party who requested and received the default judgment has seven days to serve a copy of the judgment on the other party, and the party who defaulted has 21 days to ask the court to nullify the judgment, unless he/she can prove that notice of the default and/or default judgment was not provided.